Sexual Assault Policy

Sexual Assault Policy

Every member of the Montclair State University community has a right to an environment free of coercion and assault. Sexual assault is a crime prohibited by state law. NJSA2C:14-1-2 of the New Jersey Criminal Code defines sexual assault as sexual penetration meaning "vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or the insertion of a hand, finger or other object in the anus or vagina by either the actor or upon the actor's instruction. The depth of insertion shall not be relevant." Assault occurs when the above actions are performed without the victim's consent or with a victim who is unable to consent. The law is gender neutral recognizing that men and women can be victims or perpetrators of sexual assault.

Sexual assault will not be excused or tolerated at Montclair State University. Existing criminal, civil and disciplinary actions will be enforced. In addition, the University has adopted measures to educate the campus community regarding sexual violence and instituted protocols to assist victims. Special emphasis is placed on the needs, rights and privacy of the victim and the rights of the offender. Montclair State University adheres to federal, state and local requirements for interventions, crime reporting and privacy provisions related to sexual assault.

Montclair State University has a strong commitment to provide a supportive working and learning environment and condemns behaviors that undermine the dignity and safety of members of the University community. Montclair State University condemns sexual violence against all persons and promotes a campus climate that supports fundamental rights, personal and professional integrity and dignity.

The New Jersey "Campus Sexual Assault Victim's Bill of Rights" affirms support for campus organizations which assist sexual assault victims and provides that the following rights shall be accorded to victims of sexual assaults that occur on the campus of any public or independent institution of higher education in the State and where the victim or alleged perpetrator is a student at the institution or when the victim is a student involved in an off-campus sexual assault:

a. The right to have any allegation of sexual assault treated seriously; the right to be treated with dignity; and the right to be notified of existing medical, counseling, mental health or student services for victims of sexual assault, both on campus and in the community whether or not the crime is reported to campus or civil authorities.

"Campus authorities" as used in this act shall mean any individual or organizations specified in an institution's statement of campus security policy as the individuals or organizations to whom students and employees should report criminal offenses.

b. The right to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the crime occurred, and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The provisions of this subsection shall be in addition to any campus disciplinary proceedings which may take place.

c. The right to be free from pressure from campus personnel to refrain from reporting crimes, or to report crimes as lesser offenses than the victims perceive the crimes to be, or to report crimes if the victim does not wish to do so.

d. The right to be free from any suggestion that victims are responsible for the commission of crimes against them; to be free from any suggestion that victims were contributively negligent or assumed the risk of being assaulted; to be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity.

e. The same right to legal assistance, and the right to have other present, in any campus disciplinary proceeding, that the institution permits to the accused; and the right to be notified of the outcome of any disciplinary proceeding against the accused.

f. The right to full, prompt, and victim-sensitive cooperation of campus personnel in obtaining, securing, and maintaining evidence, including a medical examination if it is necessary to perserve evidence of the assault.

g. The right to be informed of, and assisted in exercising, any rights to be confidentially or anonymously tested for sexually transmitted diseases or human immunodeficiency virus; the right to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

h. The right to have access to counseling under the same terms and conditions that apply to other students seeking such counseling from appropriate campus counseling services.

i. The right to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants, including but not limited to, notifying the victim of options for and available assistance in changing academic and living situations after an alleged sexual assault incident if so requested by the victim and if such changes are reasonably available.